Oubliez Critique

Critique has been shaped according to legal protocols and techniques. From Kant to Hegel and Marx, critics have tended to adopt one of the roles available in court procedure. This internal connection is most evident in American CLS of a psychoanalytical nature. If critique recognises itself in the juridical, psychoanalysis asks us to believe in the law. British critical legal scholars have followed a more political and aesthetic strategy, which today may ask us to abandon traditional critique for acts of critical resistance.     

Modeling Facts,Culture, and Cognition in the Gun Debate

Can empirical data generate consensus about how to regulate firearms? If so, under what conditions? Previously, we presented evidence that individuals' cultural worldviews explain their positions on gun control more powerfully than any other fact about them, including their race or gender, the type of community or region of the country they live in, and even their political ideology or party affiliation. On this basis, we inferred that culture is prior to facts in the gun debate: empirical data can be expected to persaude individuals to change their view on gun policies only after those individuals come to see those policies as compatible with their core cultural commitments. We now respond to critics. Canvassing the psychological literature, we identify the mechanisms that systematically induce individuals to conform their factual beliefs about guns to their culturally grounded moral evaluations of them. To illustrate the strength and practical implications of these dynamics, we develop a series of computer simulations, which show why public beliefs about the efficacy of gun control can be expected to remain highly polarized even in the face of compelling empirical evidence. Finally, we show that the contribution culture makes to cognition could potentially be harnessed to generate broad, cross-cultural consensus: if gun policies can be framed in terms that are expressively compatible with diverse cultural worldviews, the motivation to resist compelling empirical evidence will dissipate, and individuals of diverse cultural persuasions can be expected rapidly to converge in their beliefs about what policies are best. Constructing a new, expressively pluralistic idiom of gun control should therefore be the first priority of policy-makers and -analysts interested in promoting the adoption of sound gun policies.     

Implications of an Arrest in Domestic Violence Cases: Learning From Korean Social Workers' Experiences in the U.S.

In response to the lack of research on the effect of arrest in deterring domestic violence in minority communities, a qualitative exploratory study was conducted with Korean American social workers providing services to Korean domestic violence victims in the New York metropolitan area. The authors examined study participants' perceptions about their clients' experiences of arrests in domestic violence situations. Findings reveal major barriers for Korean victims that prevent them from utilizing help from the police. Main themes from the data show both negative and positive results from arrests. Participants perceived arrest as an ultimately necessary tool for deterring domestic violence in the Korean community in the U.S. Participants suggested some changes in the criminal justice system to better respond to immigrant victims of domestic violence. Practice and policy implications are discussed. This study was, in part, presented at the 23rd APPAM (Association for Public Analysis and Management) Annual Research Conference in Washington, D.C. on November 1, 2001.     

The Relationship Between Adolescent Physical Abuse and Criminal Offending: Support for an Enduring and Generalized Cycle of Violence

Prospective investigations have demonstrated support for the cycle of violence theory. However, few studies have examined whether or not abuse occurring during adolescence increases the prevalence and frequency of criminal involvement, or explored the long-term consequences of such victimization. In addition, there has been little investigation of whether or not the effects of abuse vary depending on characteristics of the victim, such as sex, race/ethnicity, age, family structure or income. Using data from the National Youth Survey, this study demonstrates that adolescent physical abuse has immediate and enduring effects on the prevalence and frequency of a variety of self-reported offenses, including violent and non-violent crimes, drug use and intimate partner violence. Furthermore, the study reveals that while victimization increases the prevalence of offending for victims of varying backgrounds, the frequency of offending is moderated by family income, area of residence, and family structure. Implications for prevention are discussed.     

Reasons for Returning to Abusive Relationships: Effects of Prior Victimization

Studies have demonstrated that women with a history of childhood sexual abuse (CSA) are at increased risk of revictimization, but research has not yet examined whether a history of CSA may affect patterns of remaining in or returning to abusive relationships in adulthood. This study examines the impact of a CSA history on decisions to return to abusive relationships in a sample of 104 adult domestic violence survivors. Participants were interviewed about the number of times that they had previously separated from and returned to their abusive partner, the factors that influenced their decision to return (both psychological/internal and environmental/external factors), and their perceived likelihood of returning in the future. As predicted, CSA survivors (n = 34) reported a significantly greater number of past separations than non-CSA survivors (n = 70). CSA survivors were also significantly more likely to report that their decisions to return were influenced by emotional attachment to the batterer. CSA survivors did not perceive themselves to be at greater risk of returning in the future, suggesting that they may be more likely to underestimate their vulnerability to returning to the battering relationship. Clinical implications of the findings are discussed.     

Love and Communism: Jean-Luc Nancy’s Shattered Community

This paper takes as is its point of departure Jean-Luc Nancy’s argument that the occidental idea of community in the modern era has always meant a kind of project or work whose intention was to glorify death in order to redeem and make it meaningful. It does so in order to return the community to its self-identity; to inter or assimilate what intrudes. In so doing, it also produces us as beings who cast this glorious lost past retrospectively. Recalling a lost original communalism, then, is not only politically dangerous, it is a symptom: it operates as a kind of compensatory reinstatement of an imaginary lost unity. On this view, casting ‘back’ to a glorious communal past must not only be resisted on political grounds, it also provides, as a symptom, a way to undertake that resistance. In this paper, I investigate a narrow dimension of Nancy’s strategy for resisting this lure: Nancy’s notion of shattering reveals that the ‘lost object’ of community is a melancholically interred, narcissistically invested retroactive creation of the very work of mourning he resists and re-thinks. The work of mourning on this view, can itself only be resisted by a certain disouevrement or unworking.     

Sinthome Law: Theoretical Constructions upon Lacan’s Concept of the Sinthome

Lacan’s psychoanalytical theory is of interest to legal theorists for a number of reasons. In particular, the concept of the Name of the Father allows a sophisticated theorisation of law and legal institutions. However, the Name of the Father was not Lacan’s only theory of law. In his final Seminars, Lacan developed a second and fundamentally different theory of law: the sinthome. By drawing upon Roberto Harari’s commentary on Lacan’s concept of the sinthome, the sinthome can be investigated in terms of topology, chaos, and morphogenetic theories. This can allow a complex theory of the sinthome to be put forward as real, immanent, emergent ordering through the de-limiting of singularities. From this a concept of Sinthome Law can be developed as a novel concept of law, and as a potential way to understand some contemporary problematics in law. The example of the emerging law on electronic signatures is introduced to indicate this.     

Deliberation,Democratic Decision-Making and Internal Political Efficacy

Empirical research into the possible positive consequences of deliberation increasingly reveals that there is a complex relationship between deliberation and its effects on citizens. In this experimental study I examine the relationship between internal political efficacy and one type of deliberation: deliberative decision-making. I also test whether different structures of decision-making mediate between deliberation and internal political efficacy. The data suggest that deliberative decision-making had no direct effect on a global measure of internal political efficacy. Participants in face-to-face deliberative decision-making, though, had higher scores on a situation-specific measure of internal political efficacy than participants who only voted. The structures of decision-making had no effect on either measure of internal political efficacy. These results support claims that deliberation will not necessarily lead to direct, positive effects on citizens internal political efficacy, but they also highlight the likelihood that face-to-face deliberation can lead citizens to feel more competent in their deliberative abilities.